Fact Check: Trump's executive order could strip citizenship from American-born babies for the first time since Civil War.

Fact Check: "Trump's executive order could strip citizenship from American-born babies for the first time since Civil War."

What We Know

President Donald Trump's executive order aimed to redefine birthright citizenship by declaring that children born in the U.S. to parents who are undocumented or on temporary visas would not automatically receive citizenship. This order has faced significant legal challenges, with multiple federal judges issuing universal injunctions to block its enforcement. Recently, the U.S. Supreme Court ruled on the matter, limiting the scope of these injunctions but not addressing the constitutionality of Trump's order itself (NPR, Reuters).

The 14th Amendment of the U.S. Constitution, enacted in 1866 after the Civil War, states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." This amendment has historically guaranteed citizenship to anyone born on U.S. soil, regardless of their parents' immigration status (Washington Post, BBC).

Analysis

The Supreme Court's recent decision does not validate Trump's executive order but rather focuses on the procedural aspect of whether federal courts can issue nationwide injunctions against executive actions. The conservative majority of the Court indicated that such broad injunctions likely exceed the authority granted to federal courts by Congress (NPR, Reuters).

Critics argue that Trump's order contradicts established legal precedent and the 14th Amendment, which has consistently been interpreted to grant citizenship to all individuals born in the U.S. (BBC, ACLU). The dissenting justices expressed concern that the ruling could lead to significant legal chaos for families affected by the executive order, emphasizing the importance of maintaining judicial checks on executive power (Washington Post, Reuters).

While the Supreme Court's ruling allows for the possibility of Trump's order being implemented in states that have not joined lawsuits against it, the fundamental question of its legality remains unresolved. The Court's decision effectively keeps the order on hold for at least 30 days, allowing for further legal challenges (Reuters, Washington Post).

Conclusion

The claim that Trump's executive order could strip citizenship from American-born babies is Partially True. While the order aims to redefine birthright citizenship, the Supreme Court's ruling does not endorse its legality and instead focuses on procedural limitations regarding injunctions. The historical context provided by the 14th Amendment and past court rulings suggests that any attempt to strip citizenship would face significant legal hurdles. Thus, while the order could potentially lead to changes in practice, its constitutional validity remains in question.

Fact Check: Trump's executive order could strip citizenship from American-born babies for the first time since Civil War.